The Issuance of Interim Measures before Establishing the Arbitral Tribunal by the Arbitrator and New Emergency Arbitration Rules of the ICC under the Rules of the Swiss Arbitration Center

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Abstract

Urgent interim or conservatory measures are the most important decisions in international arbitration. Both national courts and international arbitral tribunals have parallel jurisdiction for taking urgent interim or conservatory measures. In the case that arbitral tribunal is not yet constituted and a party is faced with an emergency situation and on the one hand, cannot await the constitution of arbitral tribunal and on the other hand does not wish to recourse to national courts, recently new rules of international arbitration like the ICC rules of arbitration have provided “Emergency Arbitrator Rules” for taking urgent interim or conservatory measures. A party that needed urgent interim or conservatory measures may make an application for such measures. Emergency Arbitrator, appointed by a jurisdictional authority, has to hear the application and take necessary urgent interim or conservatory measures. Rejection of emergency Arbitrator is possible. The emergency arbitrator’s decision shall take the form of an order which is binding on both parties.

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International Law Review
Volume 29, Issue 46
January 2012
Pages 125-148

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History

  • Receive Date: 06 January 2016
  • Accept Date: 06 January 2016

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